Jaberi Lawyers – Immigration Services
Gaining German citizenship as a Syrian national presents numerous benefits and new prospects. This blog post covers the entire naturalization process for Syrians, including requirements, necessary documents, dual citizenship, and overcoming potential challenges.
Requirements for Syrians Seeking Naturalization
Applying for German citizenship as a Syrian can be complex, but with the right guidance, it becomes manageable. Here, we outline the key requirements under § 10 StAG, which delineates the conditions for naturalization.
Legal Residence
Before applying for naturalization, you must demonstrate a minimum period of legal residence in Germany.
- Five-Year Residency: You must have resided legally in Germany for at least five years with a valid residence permit. Residency with a tolerance permit does not count.
- Three-Year Residency with Special Achievements: Syrians with a C1 German language certificate and notable integration achievements (e.g., academic success, professional contributions, or voluntary work) may apply after three years.
Residence Permit
A valid residence permit is required to apply for naturalization. Certain residence rights, such as those listed in §§ 16a, 16b, 16d, 16e, 16f, 17, 18f, 19, 19b, 19e, 20, 22, 23a, 24, 25 (3) to (5), and Section 104c AufenthG, do not qualify for naturalization.
Proof of Identity and Nationality
Proving your identity is crucial in the naturalization process:
- National Passport: Typically, you need to present your Syrian national passport to confirm your identity and nationality.
- Alternative Documents: If presenting the national passport is unreasonable, other Syrian documents may be used, provided you explain the unreasonableness in detail.
Integration Requirements
- German Language Proficiency (B1): You must demonstrate sufficient knowledge of the German language, at least at B1 level.
- Knowledge of Legal and Social Order: Passing the naturalization test (Test Leben in Deutschland) is also required to show knowledge of the German legal and social system.
Livelihood
You must prove that you can support yourself and your family without relying on social benefits.
- Independence from Social Benefits: This is a critical requirement, though exceptions exist for long-term guest workers.
Changes with the New Naturalization Act
The new Naturalization Act, effective from 27 June 2024, introduces changes to simplify and expedite the naturalization process for Syrians:
- Five-Year Residency Requirement: The required length of stay has been reduced from eight years to five years with a residence permit.
- Three-Year Naturalization with Special Achievements: Applicants with a C1 language certificate and special integration achievements can apply after three years.
- National Passport for Identity Clarification: Refugee status is not invalidated by visiting the embassy, though BAMF can revoke it. If unreasonable, explain and use other Syrian documents for identity proof.
The Naturalization Procedure for Syrians
The naturalization process in Germany is structured with several essential steps:
Application Process
The first official step is submitting an application.
Required Documents:
- Completed naturalization application
- Valid Syrian passport or alternative documents if unreasonable
- Proof of legal residence (e.g., residence permit)
- Proof of German language proficiency (at least B1)
- Proof of means of subsistence
Submission:
Submit the application to the relevant naturalization authority, ensuring all documents are complete and correct to avoid delays.
Identity Verification
Verification of identity is central to the naturalization procedure.
Documents:
- Syrian national passport
- Alternatively: Other Syrian documents (birth certificate, marital status register extract) if visiting the Syrian embassy is unreasonable
Dealing with the Syrian Embassy
If visiting the embassy is unreasonable, explain this in detail and provide alternative evidence. A lawyer can help argue and comment on your case.
Naturalization Test and Language Test
Requirements:
- Language Proficiency: German language skills at B1 level or better
- Naturalization Test: Tests knowledge of the German legal and social order
Application Submission and Decision
Duration:
The processing time varies. With the new act, applications have increased, potentially lengthening the process. Without legal assistance, it may take several years.
Lawsuit for Failure of Act:
If no decision is made within 12 weeks, you can file a complaint against the naturalization authority to expedite the process.
Receiving the Naturalization Certificate:
After approval, you will receive a naturalization certificate confirming your German citizenship.
Special Provisions for Children Born in Germany to Syrian Parents
Children born in Germany to Syrian parents have special regulations simplifying naturalization.
Registration in the Marital Status Register
Necessary Documents:
- Child’s birth certificate
- Extract from the Syrian marital status register
- Valid identification documents of the parents
- Proof of parents’ legal residence in Germany
Procedure:
Parents must register the birth at the Syrian embassy and obtain an extract from the marital status register.
Dual Citizenship
The possibility of dual citizenship offers numerous advantages for Syrian immigrants.
Legal Regulations in Germany
Germany now permits dual citizenship, allowing applicants to retain their original citizenship.
Regulations in Syria
Syrian law, under Decree No. 276 of 24.11.1969, recognizes dual citizenship, meaning Syrians can acquire German citizenship without renouncing their Syrian citizenship.
Effects on Travel to Syria:
Despite dual citizenship, Syria treats its citizens as Syrians, meaning Syrian citizenship has priority when traveling to Syria.
Common Challenges and Tips
Navigating the naturalization process can be challenging. Here are tips to overcome common difficulties:
Dealing with Authorities
- Communication and Preparation: Keep documents updated and maintain regular contact with authorities. Document all interactions.
- Legal Support: Consider legal assistance from an immigration lawyer. Non-profit organizations also offer support.
Proof of Identity Without a National Passport
- Accepted Alternative Documents: Birth certificate, marriage certificate, school/university certificates, marital status register extract
- Justifying Unreasonableness: Provide detailed explanations and credible evidence to support your claims.
Background on Syrian Naturalizations in Germany
Syrian naturalizations have increased significantly in recent years. The Federal Statistical Office reports substantial growth from 3,855 in 2019 to 75,485 in 2023, making Syrians the largest group of naturalized citizens in Germany.
Reason for Flight and Integration:
Many Syrians fled civil war and have successfully integrated into German society.
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